Wilson Funeral Directors granted 10 days of relief

Published: Friday, March 7, 2014 at 9:19 p.m.

Last Modified: Friday, March 7, 2014 at 9:19 p.m.

A Hendersonville funeral home appealing a state agency’s decision to revoke its licenses was granted 10 days of relief Friday.

Henderson County Resident Superior Court Judge Marvin Pope Jr. issued a temporary restraining order and preliminary injunction Friday to keep Wilson Funeral Directors open for 10 days until Wilson’s attorney can seek a longer stay that keeps their doors open through the end of the appeal.

The N.C. Board of Funeral Services stripped the funeral home and its manager, Paul Wilson, of their licenses to practice, citing repeated violations.

“The Funeral Service Order against Mr. Wilson and his funeral home has been stayed and he may conduct all business as normal,” Wilson’s attorney, John Hunter, said in an email Friday. “There will be a more detailed hearing held by the court in the next couple of weeks to see about extending this stay for the entire pendency of the appeal.”

Pope is scheduled to preside over a two-week session of criminal court in Henderson County beginning Monday. Wilson Funeral Directors and Wilson — the petitioners — are set to appear in court along with representatives of the N.C. Board of Funeral Service during that time period, according to the order.

“The petitioners (Wilson), by affidavit, have shown into the court that the petitioners are likely to suffer immediate and irreparable injury, loss and damage in the form of harm to petitioners’ business interests absent the immediate issuance of such a temporary restraining order,” Pope said in his order.

“The defendant is allowed to retain possession of any pre-needs burial contracts but may not transfer them absent (a) request by the customer,” according to the order.

The judge’s order “stayed in its entirety” and commanded “agents, attorneys, employees and servants” of the N.C. Board of Funeral Service to “desist and refrain from taking any action to enforce or otherwise act upon the terms” of a final agency decision that stripped Wilson of its licenses Tuesday.

<p>A Hendersonville funeral home appealing a state agency's decision to revoke its licenses was granted 10 days of relief Friday.</p><p>Henderson County Resident Superior Court Judge Marvin Pope Jr. issued a temporary restraining order and preliminary injunction Friday to keep Wilson Funeral Directors open for 10 days until Wilson's attorney can seek a longer stay that keeps their doors open through the end of the appeal.</p><p>The N.C. Board of Funeral Services stripped the funeral home and its manager, Paul Wilson, of their licenses to practice, citing repeated violations.</p><p>“The Funeral Service Order against Mr. Wilson and his funeral home has been stayed and he may conduct all business as normal,” Wilson's attorney, John Hunter, said in an email Friday. “There will be a more detailed hearing held by the court in the next couple of weeks to see about extending this stay for the entire pendency of the appeal.”</p><p>Pope is scheduled to preside over a two-week session of criminal court in Henderson County beginning Monday. Wilson Funeral Directors and Wilson — the petitioners — are set to appear in court along with representatives of the N.C. Board of Funeral Service during that time period, according to the order.</p><p>“The petitioners (Wilson), by affidavit, have shown into the court that the petitioners are likely to suffer immediate and irreparable injury, loss and damage in the form of harm to petitioners' business interests absent the immediate issuance of such a temporary restraining order,” Pope said in his order.</p><p>“The defendant is allowed to retain possession of any pre-needs burial contracts but may not transfer them absent (a) request by the customer,” according to the order.</p><p>The judge's order “stayed in its entirety” and commanded “agents, attorneys, employees and servants” of the N.C. Board of Funeral Service to “desist and refrain from taking any action to enforce or otherwise act upon the terms” of a final agency decision that stripped Wilson of its licenses Tuesday.</p><p>Reach Weaver at emily.weaver@blueridgenow.com or 828-694-7867.</p>